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Sky-High: The Role of the Independent Certifier in High-Rise Buildings – A Case Study Nicholas Ferrara, Director, Rider Levett Bucknall
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Barangaroo South - A journey……
© Council on Tall Buildings
and Urban Habitat
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The Evolution of the IC Role – the before: • A Businessman • A dream • The Architect • The Builder • And the Council
Contractual Link Correspondence
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and Urban Habitat
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The Evolution of the IC Role – what happened? • The Businessman • A dream • The Architect • The Project Manager • The Builder • And the Council And then… • A Financier • Investors • Consultants • Tenants • A Developer
© Council on Tall Buildings
and Urban Habitat
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The Independent Certifier:
• Grant Practical Completion
• Determine Variations
• Extensions of Time
• Certify Progress Claims
• Determine Disputes
• Defects that prevent use
• Cost to Complete
• Early Access for Tenants
© Council on Tall Buildings
and Urban Habitat
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The Barangaroo Experience Complex, many parties! 1. The Project Agreement(s)
Developer Investors
Government Authority
Financiers
Project IC
Development IC
Financiers’ IC
Certificate of Practical Completion
Certificate of Practical Completion
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and Urban Habitat
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The Barangaroo Experience Complex, many parties! 1. The Project Agreement(s) – The IC
• Attend Project Control Meetings
• Time Assessment
• Assess Development Costs
Practical
Completion
• Assess Risks
• Pre-inspections and Inspections
• Documentation & Certifications
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and Urban Habitat
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The Barangaroo Experience Complex, many parties! 2. The Building Agreement(s)
Developer The Builder
Design Team
Sub-contractors
Design Responsibility • The Brief • Building & Planning • Standards
Installation Responsibility • The Brief • Building & Planning • Standards
Certificate of Practical Completion
Certifying Authority
Building IC
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and Urban Habitat
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The Barangaroo Experience Complex, many parties! 2. The Building Agreement(s) – The IC
• Attend Meetings
• Review Documents
• Certify Progress Claims
• Delay and Variation Claims
• OC, Design, Install Certificates
Practical Completion
• Inspections
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and Urban Habitat
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The Barangaroo Experience Complex, many parties! 3. The Agreement for Lease(s)
Developer The Builder
Certifying Authority
Design Team
Design Responsibility • The Brief • Building & Planning • Standards
Sub-contractors
Installation Responsibility • The Brief • Building & Planning • Standards
Tenant
FItout IC Fitout Certificate of Practical Completion
Fitout Designers
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and Urban Habitat
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The Barangaroo Experience Complex, many parties! 3. The Agreement for Lease(s) – The IC
• Early Access Handover
• Identify defects prior to handover
• Completion of Lessor’s works
• Defects that prevent occupation
Practical Completion
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and Urban Habitat
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The Barangaroo Experience Complex, many parties! 4. The Financier Agreement(s) – The IC
Investors Developer
Financiers
Financiers’ IC
Certification of Costs
Cost to Complete
Set Off Payments
Progress
Quality
Cash Flow
Risks Practical
Completion
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and Urban Habitat
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The Barangaroo Experience Complex, many parties! 4. The Financier Agreement(s) – The IC
Some light reading for the IC:
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and Urban Habitat
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The Barangaroo Experience Complex, many parties! 4. The Financier Agreement(s) – The IC
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and Urban Habitat
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The Barangaroo Experience Complex, many parties! 4. The Financier Agreement(s) – The IC
© Council on Tall Buildings
and Urban Habitat
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The Barangaroo Experience Complex, many parties! 4. The Financier Agreement(s) – The IC
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and Urban Habitat
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The Barangaroo Experience Complex, many parties! 4. The Financier Agreement(s) – The IC
A total of 32 documents and over 6,000 pages!
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and Urban Habitat
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The Barangaroo Experience Complex, many parties! 4. The Financier Agreement(s) – The IC
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and Urban Habitat
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• Certifies work complies with Government approvals, permits & planning controls
• Private Certification and approval under the BCA
• Directing or supervising construction work, including defect rectification
• Independent Expert, Mediator or Arbitrator
• Certifying NABERS and Green Star Ratings
The Barangaroo Experience Complex, many parties! What doesn’t the IC do?
© Council on Tall Buildings
and Urban Habitat
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The Barangaroo Experience Complex, many parties! How many main Agreements? • The Development Agreement with the Barangaroo
Development Authority; • Project Agreements x 3 – Towers 1, 2 and 3; • Basement Excavation and Seawall Construction; • Construction Agreements – Basement, Towers 1, 2 and 3; • Financiers’ Facility Agreements; • Side Deeds – with financiers, tenants, developer, investors
and builder; • Agreement for Leases – Westpac, Lendlease Management
Services, KPMG, Gilbert & Tobin, PricewaterhouseCoopers, HSBC, Marsh McLennan, Servcorp, David Jones, Baker & McKenzie, plus a range of other smaller commercial and retail tenants;
• Independent Certifier Deeds – with the most of the above Agreements;
• Service Agreements – e.g. Central Plant, Green Power
© Council on Tall Buildings
and Urban Habitat
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The Barangaroo Experience Complex, many parties! Concluding Remarks – The IC
• Not limited to Practical Completion
• Needs to be across the details
• Multiple parties and agreements
• Provide a balance analysis
• Does not replace project consultants
• Is independent
© Council on Tall Buildings
and Urban Habitat
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The Barangaroo Experience Questions and Thank you!
Nick Ferrara; Reg. Architect, CFM Phone: +61 (0)2 9922 2277 Cell: +61 (0)418 663 920 Email: [email protected]
Relevant Experience – Independent Certifier Barangaroo Development Towers 1, 2 & 3 – Development
& Building Contracts’ Extensions of Time assessments Barangaroo Development – Towers 1 & 2 Syndicated
Facility Agreement 20 Martin Place – ANZ Premises for ANZ / Horizon
Management / Charter Hall / Lend Lease / Built Student Accommodation – Darling Harbour Live for
Urbanest / Lend Lease Linc & Arc Residential Developments assessment of
Extensions of Time 121 Marcus Clarke Street (2008-2013) American Express Office, King Street Wharf ANU Student Accommodation 2, ACT Centro Polyclinic, Newcastle for Austcorp / Hunter Health /
Abigroup / ING CPSA Offices, Eden Park, North Ryde for Investa /
Commonwealth Bank DIMIA Offices – Stages 1 and 2, Belconnen for Challenger
/ NAB 161 Castlereagh Street, Sydney Darling Quarter, Sydney Darling Park Tower 2, Sydney Edgeworth Retail Complex, Newcastle 4 Residential Developments, Pt Macquarie Sydney Opera House, Total Asset Management Plan and
Heritage Risk Management Plan Keppel Land - Botanic Cove Residential Pendium Apartments, Five Dock – Defects Rectification Darling Harbour – Urbanest Student Accommodation Darling Harbour, Haymarket – Soffitel Hotel Darling Harbour & Commonwealth Bank Building Darling Harbour, Haymarket – Residential Towers
© Council on Tall Buildings
and Urban Habitat